Ordinance of the City and Borough of Juneau, Alaska Serial No (am)

Transcription

1 Ordinance of the City and Borough of Juneau, Alaska Serial No (am) An Ordinance Amending the Health and Sanitation Code to Control Environmental Tobacco Smoke in Enclosed Public Places and in the Workplace, and Providing for a Penalty.

2 This ordinance requires a review by task force. Section 4 (b) One year after the initial implementation of this ordinance, the mayor shall convene a task force to review it and to report and make recommendations to the Assembly concerning its effectiveness. The report shall specifically include the following information: The effectiveness of public information programs and ongoing efforts to work with affected businesses and individuals. Overall economic impact to affected businesses. The effect on reducing secondhand smoke exposure. The practicality of enforcing the ordinance and any problems with enforcement. Number of violations and amount of penalties, and Proposed revisions to the ordinance.

3 Task Force Membership Matt Felix, Chair NCADD Troy Wilson JPD Joyanne Bloom Adult Ed Merrill Sanford CBJ Assembly Leeann Thomas Triangle Club Alex Viteri State of Alaska, transportation

4 The Task Force consolidated their review to the three main areas of concern: Public education efforts Enforcement Economic Impact Note: The committee chose not to review the health and safety consequences of secondhand smoke. A review was well documented on the first page of the ordinance. The Task Force unanimously agreed that this ordinance, despite the many problems, had a beneficial impact on reducing secondhand smoke.

5 Review of Public Education Efforts Ordinance # The Committee attempted to measure the effectiveness of public information programs and ongoing efforts to work with affected businesses. The Committee reviewed the efforts by the city and others to inform the public about the ordinance and its requirements. It also viewed efforts to work with businesses and individuals that may be affected by the ordinance. No organized effort was evident but a number of private and public agencies attempted to maximize voluntary compliance.

6 Review of Public Education Efforts Ordinance # Juneau Police Department posted a Juneau Empire story on its website called The Most Frequently Asked Questions. The brochure was authored by CBJ Law Department and was produced by Southeast Alaska Regional Health Corporation Health Promotion Division as a courtesy to CBJ. The National Council on Alcoholism and Drug Dependence received a Robert Wood Johnson grant through the Alaska Native Health Board to promote voluntary compliance. The grant for $11,000 included signage, distribution of employer educational materials and a media campaign. This effort covered December of 2001 and January-February of SEARHC sponsored paid service announcements in movie theaters and through GCI television system. All the educational efforts listed above took place shortly before or after the implementation date of January 1, Little has been done since that date.

7 Review of Public Education Efforts Ordinance # An Ivan Moore Research Co. follow-up evaluation done December January 2003 by the Alaska Native Health Board showed: 90% of Juneau residents were aware that the Assembly passed a smokefree ordinance. Most also knew that smoking was banned in malls. 76% said they knew bars were exempted from the ordinance. The business owners polled were somewhat confused by the requirements and definitions. 49 calls were made to restaurants by Ivan Moore Research to measure compliance and knowledge. 9 had misinformation and many others were not sure of employer requirements to educate employees. Many restaurants had gone smoke free prior to the enactment of the ordinance. Public awareness has diminished over time.

8 Review of Public Education Efforts Ordinance # Recommendations For Future Public Education Efforts The Assembly should budget $12,500 annually for public education, staff time, media, signage and distribution of materials to individual businesses. This effort would capitalize on the benefits of public education, voluntary compliance and support the ordinance. Potential funding sources include, but are not limited to: Grants: federal and state Tobacco tax: city Tobacco Settlement Funds: state

9 Enforcement Ordinance requirements and response from JPD The City Manager was authorized to allow an additional 180 days after implementation of the ordinance (01/01/02) or 9 months from the time of passage by which time all establishments should by in compliance However, the committee found no person appointed to follow-up with any notification to affected business. No CBJ department was designated to measure compliance with this requirement or other requirements in the ordinance. No one is designated to or has investigated compliance with signage requirements. JPD responded to 37 complaints of which no citations and 12 verbal warnings were issued. Compliance with the 10 Feet From Doorway requirement is problematic.

10 Enforcement Recommendations: Notices should be sent to individual affected businesses Should clearly spell out the requirements of the ordinance as it applies to the different kinds of businesses or public places. Some businesses are unsure of the requirements to educate employees. Others are unsure that construction may be needed and what kind of construction to met the requirements of the existing ordinance. The City Manager should designate staff that will be responsible for: Providing guidelines for compliance to businesses. Enforcement Individual violations Cooperation and compliance by building owners Enforcement to become more of a priority; ordinance could be sought through several avenues including the JPD and the engineering department.

11 Enforcement Recommendations (continued): Extend ordinance to include bus shelters. Public comment received during committee meetings requested that the ordinance be extended to include bus shelters. Public education is a major component of enforcement because it optimizes voluntary compliance.

12 Economic Impact Funds were not available for a comprehensive study. Based on available CBJ sales tax data through the first 2 quarters of 2003: (To be included in the data, the businesses had to have been open with consistent ownership.) There is no measurable economic impact from passage of the Clean Indoor Air Ordinance. Overall, bars and restaurants showed more growth than the economy of Juneau as a whole. Those businesses that were exempted from the ordinance showed less sales improvement since the passage of CIA than those that were mandated to be smoke free. A review of the comparable Anchorage CIA conducted by UAA concluded that in the data reviewed, there was no indication of negative economic impact. - Section C. Based on revised estimates of employment from the Alaska Department of Labor: the smoking ban had no detectable impact on total employment in the hospitality industry as a whole in Anchorage during the first seven months of 2001.

13 Economic Impact A previous CBJ committee reported little or no economic impact on the gaming industry. The Charitable Gaming Task Force investigated the economic impact of the Clean Air Ordinance on pull-tab parlors and bingo halls. The committee found no reason to exempt these businesses from the ordinance and recommended that these businesses remain included as originally designated. Previous Findings of the Charitable Gaming Task Force were: The committee agrees that smoking and secondhand smoke create significant health risks as stated on Page 1 of the ordinance. The entire committee finds that the ordinance, as written, is applied unfairly due to the exemptions. We feel this creates an unfair playing field. The majority of the committee felt the ordinance should not be amended at this time. (Keep pull-tab/bingo parlors smoke free.) The majority does agree, however, that the ordinance should be amended in the near future to eliminate all exemptions and be enforced throughout the borough. The minority recommends that the gaming establishments should be exempt due to the unfair business climate that the ordinance created within the gaming community.

14 Economic Impact Capital Investments The economic impact of compliance with section was noted. The cost associated with this section is dependent on the amount of construction needed to insure separation of exempt areas. Smoking is allowed in bars and some bar-restaurants providing no tobacco smoke infiltrates into dining rooms (or public places) through a passageway, ventilation system, or otherwise, into any area where smoking is prohibited. There are establishments in Juneau that need to undertake remodeling or take measures that comply with the intent of the section above. This is a required capital expense that may have an economic impact on nonexempt businesses. Exempt businesses do not have to undergo this capital expense which may create an unfair economic advantage.

15 Recommendation (sec 4)(b) Maintain the existing Health and Safety Code and promote voluntary compliance with more public education and enforcement.

16 Proposed Revisions (sec 4)(b)(6) Amend the Health and Safety Code to include all public facilities and businesses. Vote: Yes-4; No-2 Extend the ordinance to include bus shelters. Vote: Yes-5; No-1